Company passes initial evaluation despite rule about UDRP losses.
Demand Media’s new top level domain company, United TLD Holdco, has passed the initial evaluation stage on one of its TLD applications.
The company passed the initial evaluation for Fish.com .fishing today.
Demand Media was the biggest question mark amongst big-name TLD applicants with regards to if it would pass initial evaluation.
Part of the initial evaluation is the background check, and passing this requires that the applicant not have three or more UDRP losses in the past four years:
has been involved in a pattern of adverse, final decisions indicating that the applicant or individual named in the application was engaged in cybersquatting as defined in the Uniform Domain Name Dispute Resolution Policy (UDRP), the Anti-Cybersquatting Consumer Protection Act (ACPA), or other equivalent legislation, or was engaged in reverse domain name hijacking under the UDRP or bad faith or reckless disregard under the ACPA or other equivalent legislation. Three or more such decisions with one occurring in the last four years will generally be considered to constitute a pattern.
Demand Media subsidiary Demand Domains has many UDRP losses.
Of course, I suppose United TLD Holdco is not Demand Domains…
“passed the initial evaluation for Fish.com today”
I assume you mean .Fish? All this is going to lead to is consumer confusion.
Brad
Brad, wow what a slip, huh?
It’s actually .fishing
Ah OK .Can someone please tell me this. If I have 3 UDRP decisions against me and only 1 is within last 4 years AND that most recent one was overturned at Supreme Court of Germany, does THAT equate to me being a “Cybersquatter” or not ?. Can I quote that in next response and say “according to ICANN I am not a squatter” ?.
@ John UK – this was only for the purposes of getting a new domain. It was an arbitrary number. And it only applied to “final” decisions, so if a company appealed a UDRP and got it overturned (or was in process) then it wasn’t disqualified.
Also would appreciate a link to that italic text quoted if possible please.
I wonder if the Abu Dhabi Royal Family is applying for a new TLD and would the following alleged behaviour bar them as suitable persons ?Just asking: http://www.youtube.com/watch?v=Ks_MIRvmx9E
@AndrewAllemann I note it is a principle intended for the new gtld’s but much the same as Case Law sets precedent’s ,such guidelines/decisions can very often be used in other cases/scenarios, such as disputing in UDRP an alleged “Pattern” of “cybersquatting” .”… If it is good enough for people/companies who are going to run a Registry/new tld then it must surely apply to the simple Registrant….” , is what I am saying (and will be contending very very shortly !).
Donuts have passed but TLDH may have failed on DOG and FISHING!
They seem to have passed on applications that use Neustar as backend but where they use their own backend it looks like they have failed
Yann, what are you talking about? Donuts didn’t apply for .fishing (Demand did and passed, and is using its own backend).